METRO COUNCIL GROWTH MANAGEMENT COMMITTEE

Tuesday, June 2, 1998

Council Chamber

Members Present:  Lisa Naito (Chair), Patricia McCaig (Vice Chair), Don Morissette

Members Absent:    None

Also Present:    Susan McLain

Chair Naito called the meeting to order at 1:30 P.M.

1.  CONSIDERATION OF THE MAY 5, 1998, GROWTH MANAGEMENT COMMITTEE MEETING MINUTES

The minutes stand as read.

2.  ORDINANCE NO. 98-727, FOR THE PURPOSE OF AMENDING ORDINANCES NO. 96-647C AND NO. 97-715B, THE URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN, TO CLARIFY COMPLIANCE ISSUES

Larry Shaw, Senior Assistant Counsel, reviewed Ordinance No. 98-727 and Ordinance No. 98-727B, both of which are included in the agenda packet. He said the Metro Policy Advisory Committee (MPAC) approved the amended version of the ordinance several months ago.

Chair Naito asked Mr. Shaw why the ordinance presents a better approach than the exceptions provision. Mr. Shaw said a substantial compliance approach saves the exceptions process for significant noncompliance and allows the Executive Officer to summarize minor inconsistencies.

Chair Naito said in the future, Metro may have an Executive Officer with a different interpretation of substantial compliance. She asked what steps are included for Council review of plans and an opportunity for the public to testify against the Executive Officer. Mr. Shaw said the Council has a number of options it can pursue if it feels a local jurisdiction has not met substantial compliance.

Councilor McLain said legal staff, local officials’ staff, MPAC and citizens have carefully discussed Chair Naito’s concerns. She said she is happy to wait if the committee is not yet ready to vote.

The committee chose to consider the ordinance at a future meeting. Chair Naito asked legal counsel to write a memo outlining opportunities for Council interjection.

Councilor McLain asked Chair Naito to not schedule the ordinance for June 16, as she will be out of town. Chair Naito said the committee would schedule the ordinance for the first meeting in July.

Chair Naito opened a public testimony. No one appeared to speak with regard to Ordinance No. 98-727. Chair Naito closed the public hearing.

3.  RESOLUTION NO. 98-2640A, FOR THE PURPOSE OF ESTABLISHING TIMELINES FOR MEETING METRO’S OBLIGATION TO EXPAND THE URBAN GROWTH BOUNDARY

Councilor Morissette presented the resolution.

Chair Naito said she supports a timeline, but recommended inserting the language “tentatively scheduled” into the final paragraph of the resolution.

Chair Naito opened a public hearing at 1:53 P.M.

Lee Leighton, AICP, Shapiro and Associates, Inc., is working with the Halton Company on an urban reserve master plan for the North Stafford area. He said a schedule and time frame will be very valuable. He asked the committee to remember that the private sector is active in urban reserve planning.

Mary Kyle McCurdy, 1000 Friends of Oregon, urged the committee to not pass the resolution and said she continues to have the concerns she expressed at the committee’s last meeting. She said there is no reason to deviate from the current process.

Councilor McLain said she is deeply committed to Title 1 of the Functional Plan, and she does not believe that Resolution No. 98-2640A threatens Title 1 or concept planning.

Chair Naito respectfully disagreed with Ms. McCurdy that the resolution removes the option for a time extension. She said the resolution shows a good faith effort on the part of the Council to comply with State requirements and therefore strengthens the Council’s case should it need an extension. Chair Naito suggested a friendly amendment be made that the November 5, 1998, date is tentative.

Councilor Morissette agreed to the friendly amendment.

Chair Naito closed the public hearing at 2:00 P.M.

Councilor Morissette will carry Resolution No. 98-2640B to the full Metro Council.

4.  METRO 2040 GRANT PROGRAM

Mary Weber, Growth Management Senior Program Supervisor, gave a brief presentation of the proposed Metro 2040 Grant Program. She asked for committee direction on additional selection criteria.

The committee directed staff to use grant money for urban reserve planning. Chair Naito asked for the committee’s position on earmarking grant money for Tier 1 Urban Reserves.

Ms. Weber recommended a ranking system in which Tier 1 Urban Reserves would receive higher points, but other urban reserves would not be excluded.

Councilor McLain asked if the July 31, 1998 application deadline will be changed if Title 3 has not passed by that date.

Elaine Wilkerson, Director of Growth Management Services, said she has not intended to delay the deadline for Title 3 because of the time urgency to begin concept planning. She said the application deadline will depend on how quickly the grant program is approved.

Councilor McLain said a member of MPAC asked the Council to consider the passage of Title 3 in determining the application deadline.

The committee directed the grant money to be dedicated to concept planning and not governance issues.

Councilor McCaig said she does not want grant money used for the printing materials and postage costs of public outreach materials.

Councilor McLain said Metro is currently involved in governance issues, and MPAC has said that without grant money to determine governance, local jurisdictions will not be able to begin conceptual planning.

Chair Naito said she supports staff assistance to help governance issues, but she does not support using grant money. She said governance issues are essentially political, and the limited grant funds would be best used to draft plans.

5.  DISCUSSION OF GROWTH MANAGEMENT COMMITTEE SCHEDULE FOR REMAINDER OF 1998

A copy of the proposed Growth Management Committee schedule for the balance of 1998 is included in the meeting record.

Councilor McCaig said it is awkward for the committee to set a schedule for the remainder of the year, as it is not clear how the committee will be structured after Chair Naito leaves office.

Chair Naito said the schedule is a staff proposal and cannot bind the committee; it is intended to give the committee possible direction so that no progress is lost while the new committee gets organized.

Councilor Morissette asked if the staff proposed schedule corresponds with Resolution No. 98-2640B. Ms. Wilkerson said yes.

Ms. Wilkerson reviewed the proposed Growth Management Committee schedule for the balance of 1998.

Councilor McCaig asked if the schedule does not show an urban reserves ruling because the Land Use Board of Appeals (LUBA) is not expected to rule before the end of the year. Ms. Wilkerson said the schedule is not inclusive and does not include items which will come to the Council from other sources, such as LUBA.

Mr. Shaw said LUBA has recently solidified the briefing schedule, and petitioners’ briefs are due on June 22, 1998. He said a third member has been appointed to LUBA, which should help with the backlog of cases. He said by the full Council meeting on June 25, legal counsel will be able to give its best estimate of the appeals. He said final resolution of the appeals will probably not occur until 1999.

6.  INFORMATIONAL UPDATE ON URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN COMPLIANCE EFFORTS BY LOCAL GOVERNMENTS

Ms. Weber gave an update and said she expects to receive compliance reports from 80% of local governments in August. She said in September she would like to give the committee a snapshot summary of the compliance plans that have been submitted.

7.  COUNCILOR COMMUNICATIONS

Chair Naito had two items for Councilor Communications. First, she asked staff to attend LCDC meetings as the legislative session approaches. Second, she said she received a letter dated May 29, from Executive Officer Burton about a proposal from Gary Reddick, Sienna Architects, proposing mixed-income housing on top of the adjacent parking lot at Metro. She said this may be an opportunity for Metro to do a demonstration project for the area.

Councilor McCaig agreed that the committee should encourage the proposal.

Councilor McLain said if Mr. Reddick’s proposal becomes a pilot project, the Council will want to look at it very carefully.

Councilor Morissette said he would be very cautious about private/public ownership of properties and its inherent problems. He said he would move very slowly with the proposal.

Councilor McCaig asked about the public hearing on the prison siting in Wilsonville scheduled for the next committee meeting.

Chair Naito said she will be out of town for the next meeting on June 16, but the Presiding Officer has indicated that he could appoint a third member for the committee meeting to hear testimony.

Councilor McCaig asked if the committee can expect pickets and crowds of people. Ms. Wilkerson said yes.

Councilor McCaig said the committee should strive to make the meeting more effective and ask people to appoint representatives for different points of view.

Chair Naito said the committee should clarify that the meeting will be limited in time, and if there is additional testimony it will need to be submitted in writing or another public hearing will need to be scheduled. She said the committee also needs to make sure there is adequate security for the meeting.

Councilor McLain recommended alerting Wilsonville’s mayor and the two prison groups that testimony will be limited. She suggested giving the groups the option of creating a panel and giving a longer presentation than the standard three minutes given to individuals. The committee agreed.

There being no further business before the committee, Chair Naito adjourned the meeting at 1:37 P.M.

Respectfully submitted,

Suzanne Myers

Council Assistant

i:\minutes\1998\grwthmgt\06028gmm.doc

ATTACHMENTS TO THE PUBLIC RECORD FOR THE MEETING OF JUNE 2, 1998

The following have been included as part of the official public record:

Oral Testifiers (testimony cards included)

Resolution No. 98-2640A

Lee Leighton

 Mary Kyle McCurdy